What states have mandatory ID check?

I

Islander

New member
In what states MUST you PRESENT ID to a police officer if asked? I would like to know when you must present ID in SC. I know during a traffic stop, but when else? Where are the specific laws and statuates?

Is there a website that has this information for all states?
 
Islander said:
In what states MUST you PRESENT ID to a police officer if asked? I would like to know when you must present ID in SC. I know during a traffic stop, but when else? Where are the specific laws and statuates?

Is there a website that has this information for all states?
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Found some info under "Stop and Identify" in wikipedia:

Stop and Identify statutes - Wikipedia, the free encyclopedia

No stop and identify requirement in SC. :biggrin:
 
The Terry law doesn't apply to CWP identification requirements it applies to suspect involvement in a crime.

Here are the requirements for SC.

Link Removed

(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
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Red Hat said:
The Terry law doesn't apply to CWP identification requirements it applies to suspect involvement in a crime.

Here are the requirements for SC.

Link Removed
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Thank you, my Brother. I've got the CWP ID requirements memorized, but was wondering what the laws were for standard "stop and identify". Glad to know SC does NOT have "stop and identify" laws.

Of ciourse, since I carry 99% of the time, I'll need to stop and identify and inform. :biggrin:
 
I love Alabama because we we don't have a duty to inform, nor do we have a duty to show ID (unless you are driving) except In Accordance With:

Section 15-5-30 (Code of Alabama)

Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
 
armyman_83 said:
I love Alabama because we we don't have a duty to inform, nor do we have a duty to show ID (unless you are driving) except In Accordance With:

Section 15-5-30 (Code of Alabama)

Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
Click to expand...

Actually, per the Terry decision, NO state can stop and ask for ID without probable cause. Americans are not obligated to have unofficial conversations with law enforcement. In SC, they can't even do that. There is no requirement to give your name, etc., even if stopped for probably cause (no "stop & ID" law), except in very special cases (driving your car, carrying a concealed weapon, actively hunting or fishing, etc.).
 
In Oklahoma, we are required to identify the fact that we are in actual possession of a concealed handgun when we first come in contact with any law enforcement officer when arrested, detained or in the course of a routine traffic stop.

That LEO cannot ask to inspect any properly concealed firearm, unless he suspects a crime has been committed.

The portion of the SDA that applies:

A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.

D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.
 
If I'm carrying in SC I'm required to show CWP. If gun is in glove box I am not required to show CWP. On the Home page on this site you can check the States that you go in to see if they require you to show CWP.
 
oldbanjo said:
If I'm carrying in SC I'm required to show CWP. If gun is in glove box I am not required to show CWP. On the Home page on this site you can check the States that you go in to see if they require you to show CWP.
Click to expand...

Correct. But again, my question had nothing to do with whether or not one was carrying. I just wanted to know which states had "stop and identify" laws.

Thanks!
 
armyman_83 said:
I love Alabama because we we don't have a duty to inform, nor do we have a duty to show ID (unless you are driving) except In Accordance With:

Section 15-5-30 (Code of Alabama)

Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)

If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
Click to expand...

What if they think you are an illegal alien?
 
So wouldnt there have to be laws that require you to acctually have identification on you at all times.

Sorry, but there are many times im out and dont even have my wallet on me. At that point the LEO would be sol on identifying me.
 
The key is IF the LEO has PC to stop/question. Terry Law also states that LEO's can "PAT" down one's person for "Officer Safety". I would be careful about practicing Law on the Street. (MYSELF included) You could be impeding an investigation by refusing to ID yourself and or prove with State issued ID. Why poke a grizzly if you don't need to. Comply up until the point of uneasiness.
All this is IF you are NOT CC in SC. If you are CC you must by law ID yourself as CC and present proof. I personally would advise the LEO I'm CC and await his direction.
 
I don't know if the law has changed, but when I was with the Dallas PD in the 1970's, if I asked someone to provide me with identification and they either refused to provide it or provided incorrect ID, I could and did, many times, take them to jail.

The charge was failure to identify. Intentional refusal to give the true name and address to a peace officer when lawfully stopped and asked.
 
in MS

In MS if a leo asks for an id, and you are carrying, you must show proper id and your firearms permit. However you are allowed to have a gun in the auto without a permit.
 
In Michigan I believe you must provide ID if an LEO asks for it. If not, I believe additional charges could be filed.
 
Rabbitcreekok said:
I don't know if the law has changed, but when I was with the Dallas PD in the 1970's, if I asked someone to provide me with identification and they either refused to provide it or provided incorrect ID, I could and did, many times, take them to jail.

The charge was failure to identify. Intentional refusal to give the true name and address to a peace officer when lawfully stopped and asked.
Click to expand...

Thankfully things have changed. No authority to ask for ID for a simple stop. :biggrin:
 
Tennessee is a curious mixture of laws.

We are not a stop and identify state (thanks for the wikipedia link), and neither are folks holding CWP, CCW, etc (here it's called an HCP, or, Handgun Carry Permit) required to inform the officer they are carrying.

HOWEVER.

The carriage of a loaded handgun is illegal in TN, regardless of if you have said license. The license becomes a legal defense.

READ: if an officer sees or suspects I am carrying, like when I open carry, he may stop and ask me to produce an HCP (or equivalent). Carrying the gun is illegal. Carrying an HCP with the gun is the get out of jail free card and makes it okay.

It sounds more confusing than it works out.
 
Here in Vermont, you don't have to show any id just if asked by a LEO. He has to have RAS, it is against the 4th amendment for an officer to ask just run you through the system. We also don't have an CC/OC permits in Vermont. So even if they do stop you you don't have to tell them your are carrying. It is common courtesy to do so, but you don't have too. Most LEO's know that anyways so they hardly ever give you a second glance if you do OC around here.
 
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